[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15073-15076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4408]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22524; Directorate Identifier 2005-NM-135-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes, and Model A340-541 and A340-642 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that would have applied to certain Airbus Model A330-
200, A330-300, A340-200, and A340-300 series airplanes, and A340-541 
and A340-642 airplanes. The original NPRM would have required 
inspecting to determine if certain emergency escape slides/slide

[[Page 15074]]

rafts (referred to as slide/rafts) are installed in certain crew/
passenger doors; and, if so, performing a one-time inspection to 
determine if the electrical harnesses of the slide/rafts are properly 
routed, and rerouting the harnesses if necessary. The original NPRM 
resulted from a report that a slide/raft failed to deploy properly 
during a deployment test. This action revises the original NPRM by 
expanding the applicability of the proposed AD. We are proposing this 
AD to detect and correct improper routing of the electrical harnesses 
of certain slide/rafts, which could prevent proper deployment of the 
slide/rafts and delay evacuation of passengers and flightcrew during an 
emergency.

DATES: We must receive comments on this supplemental NPRM by April 21, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22524; Directorate Identifier 2005-NM-135-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of that web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain Airbus Model A330-200, 
A330-300, A340-200, and A340-300 series airplanes, and A340-541 and 
A340-642 airplanes. The original NPRM was published in the Federal 
Register on September 27, 2005 (70 FR 56389). The original NPRM 
proposed to require inspecting to determine if certain emergency escape 
slides/slide rafts (referred to as slide/rafts) are installed in 
certain crew/passenger doors; and, if so, performing a one-time 
inspection to determine if the electrical harnesses of the slide/rafts 
are properly routed, and rerouting the harnesses if necessary.
    Since the original NPRM was issued, we have determined that the 
applicability of the proposed AD was not properly written. As written, 
the applicability of the proposed AD would not have ensured that the 
unsafe condition would not recur if a slide/raft was ever replaced or 
reinstalled on any subject airplane.

Comments

    We have considered the following comments on the original NPRM.

Request To Update Service Information

    One commenter, the manufacturer, requests that we update the 
references to the applicable service information cited in the original 
NPRM. The commenter states that later revisions of two AOTs are 
available.
    We agree with this request. We have reviewed Airbus All Operators 
Telex (AOT) A330-25A3272, Revision 02, and AOT A340-25A4259, Revision 
02, both dated June 1, 2005. Both AOTs were revised to add a reference 
to French airworthiness directive F-2005-077, dated May 11, 2005, and 
to remove the reference to door 3 type A from paragraph 4.1. We have 
determined that these revisions of the AOTs should be referenced in the 
AD. Therefore, we have revised paragraphs (c), (f)(1)(ii), and 
(f)(2)(ii) of the AD to reflect the revised AOTs, and revised paragraph 
(g) of the AD to give credit for using Revision 01 of those AOTs.

Request To Clarify Applicability

    The same commenter requests that we clarify the applicability of 
the original NPRM. The commenter states that airplanes delivered after 
March 17, 2005, which is the date of issuance of the original issues of 
the AOTs, are not subject to the inspection required by paragraph (f) 
of the AD, provided no slide/raft has been replaced on any such 
airplane. The commenter states that Revision 02 of all three AOTs, all 
dated June 1, 2005, specifies this exception.
    We agree that the AOTs specify the exception noted by the 
commenter, and that an airplane supplied by the manufacturer after 
March 17, 2005, may not be subject to the unsafe condition. However, 
this will not ensure that the unsafe condition won't recur should an 
operator receive such an airplane and replace or reinstall any subject 
slide/raft on that airplane. Therefore, we have not revised the 
applicability of the original NPRM to reflect the specified exception; 
rather, this supplemental NPRM would require doing the actions 
specified in the AOTs. As operators must continue to operate the 
airplane in the configuration required by the supplemental NPRM, unless 
an alternative method of compliance is approved, this requirement would 
ensure that the actions specified in the AOTs would be accomplished on 
all subject airplanes. We have determined that it is necessary to 
expand the applicability of the original NPRM to ensure that the unsafe 
condition does

[[Page 15075]]

not recur on any subject airplane; therefore, we have revised the 
applicability of the supplemental NPRM to cover all subject airplanes, 
certificated in any category. Further, in this supplemental NPRM, we 
have included a new paragraph (h) that would require performing any 
replacement or reinstallation of any subject slide/raft on any subject 
airplane in accordance with this AD. Accordingly, we have re-identified 
existing paragraphs (h) and (i) of the original NPRM as paragraphs (i) 
and (j) of this supplemental NPRM.

Request To Expand Applicability

    The same commenter requests that we add two additional models of 
airplanes, Model A330-302 and A330-303, to the applicability of the 
original NPRM. The commenter gave no reason for this request.
    We agree with this request. Model A330-302 and A330-303 airplanes 
may be subject to the same unsafe condition as all other airplanes 
identified in the original NPRM. We have revised the applicability of 
the supplemental NPRM accordingly.

Request To Expand Scope of NPRM

    One commenter states that the one-time inspection specified in the 
original NPRM will not be effective in preventing future occurrences of 
misrouting of the slide/raft wiring harness. The commenter states it 
added a procedure to its aircraft maintenance program for inspecting 
the slide/raft wiring harness routing during every slide/raft assembly 
installation, and recommends that the FAA take steps to ensure that all 
affected operators establish maintenance procedures similar to those of 
the commenter. We infer that the commenter holds that the NPRM is not 
sufficient in scope and should be expanded.
    We recognize the commenter's concern. The manufacturer is working 
on revisions to the airplane maintenance manual (AMM) to clarify the 
differences between the routing of the wiring harnesses on the left- 
and right-hand sides of the airplane, which will accomplish a function 
similar to that of the commenter's procedures. When the AMM has been 
revised, we may consider further rulemaking. However, we do not wish to 
delay correcting the unsafe condition until the manufacturer issues new 
service information that revises the AMM. Therefore, we have not 
changed the AD to reflect this issue.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This supplemental NPRM would affect about 27 airplanes of U.S. 
registry. The required actions would take about 3 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the proposed AD for U.S. operators is 
$5,265 or $195 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this supplemental NPRM and placed it in the AD docket. See 
the ADDRESSES section for a location to examine the regulatory 
evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2005-22524; Directorate Identifier 2005-NM-
135-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 21, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes; Model A340-211, -212, -213, -311, -312, and -313 
airplanes; and Model A340-541 and -642 airplanes; certificated in 
any category.

Unsafe Condition

    (d) This AD results from a report that an emergency escape 
slide/slide raft (referred to hereafter as a ``slide/raft'') failed 
to deploy properly during a deployment test. We are issuing this AD 
to detect and correct improper routing of the electrical harnesses 
of certain slide/rafts, which could prevent proper deployment of the 
slide/raft and delay evacuation of passengers and flightcrew during 
an emergency.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections and Corrective Actions

    (f) Within 1,700 flight hours after the effective date of this 
AD: Inspect certain crew/passenger doors as required by paragraph 
(f)(1) or (f)(2), as applicable, of this AD to determine if slide/
rafts having certain part numbers (P/N) are installed. A review of 
airplane maintenance records is acceptable in

[[Page 15076]]

lieu of this inspection if the presence of the subject slide/rafts 
can be conclusively determined from that review.
    (1) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes and Model 
A340-211, -212, -213, -311, -312, and -313 airplanes: On both right 
and left hand sides, inspect to determine the P/N of the slide/rafts 
of crew/passenger doors 1 and 4, and--only if it is a type 1 door--
crew/passenger door 3. If crew/passenger door 3 is not a type 1 
door, it is not subject to any requirement of this AD.
    (i) If a slide/raft does not have P/N 7A1508-( ) or 7A1509-( ), 
no further action is required for that slide/raft by this paragraph.
    (ii) If a slide/raft has P/N 7A1508-( ) or 7A1509-( ), before 
further flight, perform a general visual inspection of the 
electrical harness of the slide/raft and reroute the harness, as 
applicable, in accordance with paragraphs 4.2 through 4.2.4 of 
Airbus All Operators Telex (AOT) A330-25A3272, Revision 02, or 
Airbus AOT A340-25A4259, Revision 02; both dated June 1, 2005; as 
applicable.
    (2) For Model A340-541 and -642 airplanes: On both right and 
left hand sides, inspect to determine the P/N of the slide/rafts of 
crew/passenger doors 1 and 4.
    (i) If a slide/raft does not have P/N 7A1508-( ), no further 
action is required for that slide/raft by this paragraph.
    (ii) If a slide/raft has P/N 7A1508-( ), before further flight, 
perform a general visual inspection of the electrical harness of 
that slide/raft and reroute the harness, as applicable, in 
accordance with paragraphs 4.2 through 4.2.4 of Airbus AOT A340-
25A5091, Revision 02, dated June 1, 2005.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Actions Accomplished According to Previous Issues of AOTs

    (g) Actions accomplished before the effective date of this AD in 
accordance with the Airbus AOTs listed in Table 1 of this AD, as 
applicable, are considered acceptable for compliance with the 
corresponding actions specified in paragraph (f) of this AD.

                    Table 1.--Previous Issues of AOTs
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           Airbus AOT               Revision level           Date
------------------------------------------------------------------------
A330-25A3272 \1\................  Original..........  March 17, 2005.
A330-25A3272-2005 \1\...........  01................  March 24, 2005.
A340-25A4259 \2\................  Original..........  March 17, 2005.
A340-25A4259-2005 \2\...........  01................  March 24, 2005.
A340-25A5091 \3\................  Original..........  March 17, 2005.
A340-25A5091 \3\................  01................  March 24, 2005.
------------------------------------------------------------------------
\1\ For Model A330-200 and -300 series airplanes.
\2\ For Model A340-200 and -300 series airplanes.
\3\ For Model A340-541 and -642 airplanes.

Parts Installation

    (h) After the effective date of this AD, no person may install 
any slide/raft having P/N 7A1508-( ) or 7A1509-( ) on any airplane 
unless the electrical harness of that slide/raft is determined to be 
properly routed in accordance with the requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) French airworthiness directive F-2005-077, dated May 11, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 9, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-4408 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P